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DocuSign Envelope ID: 4€192A7E-8DB8-41CA-A168-0C3022B8437A

6. Representation rights. Without Surety's prior written approval, Client will not solicit for employment or
hire in any capacity (or knowingly assist a third party to do so) any Contractor for the period of twelve (12) months
following (i) the last date of services provided by Contractor to Client or (ii) the date the Contractor was presented

by Surety to Client for consideration, whichever is later. If Client breaches this Section 6, then Client immediately
shall pay to Company the Contractor's hourly rate multiplied by the number of hours worked.

7. Relationship of Parties. Neither this Agreement nor the services to be provided hereunder shall be
construed to create any relationship of employment, agency, partnership or joint venture between Surety and RKPS
and the Client or between the Contractor and the Chent.

8. Amendment. This Agreement may not be amended, except by a writing or an additional Addendum
executed by Surety, RKPS and the Client.

9. Surviving Sections. Notwithstanding termination and/or completion of and payment of the services hereunder,
Client shall remain obligated under all those provisions of this Agreement which by their nature and effect obligate
Client for a time period beyond termination and/or completion.

10. Entire Agreement. This Agreement, and accompanying Addendums, sets forth the entire agreement of the
parties and supersedes all other oral or written agreements between the parties.

11. This Agreement shall be governed and construed in accordance with the laws of the State of New Hampshire
and any action brought relating to said Agreement or the work performed or to be performed thereunder shall be
brought in the Hillsborough County (New Hampshire) Superior Court Southern Judicial District or in the New
Hampshire 9" Circuit Court situate in Nashua, New Hampshire and not elsewhere.”

IN WITNESS WHEREOF, the Agreement has been executed as of the date and year set forth
above.

For Client:
Name: Jim Danchess

Title: Maree L._\ LL

For Surety Systems: watthew wright

Name:

Partner
Title:
Signature: Matthew Writ

6/21/2016
Date:
For RK Payroll Solutions:

Dave Haney

Name:
Title: vice President
Signature: Dane Kaury

6/21/2016
Date:

DocuSign Envelope ID: 4E192A7E-8DB8-41CA-A168-0C3D22B8437A

ADDENDUM TO STAFFING SERVICES AGREEMENT

CLIENT COMPANY NAME: City of Nashua
WORK SITE ADDRESS: 229 Main Street, Nashua, NH 03060
CONSULTANT NAME: Tim Kraynak

JOB TITLE OR DESCRIPTION: Lawson HR/PR Consultant
PROJECT DETAILS:
Consultant will be responsible for providing Lawson HR/Benefits/Payroll support.

Will work with the Compensation Manager and Analysts to document and streamline the current payroll
process. The desired result is to transition documented knowledge to a new Payroll Manager so that
he/she is able to process routine payrolls, and more importantly, to conduct a wide variety of Lawson
functions related to collective bargaining agreement implementations, pension and employment tax
payments and reporting, etc.

Will review and assess the City’s implementation of Lawson’s Human Capital Management (HCM)
module, create documentation of current processes, and make recommendations for improvement.

Will provide Lawson training to new Benefits and HR employees so that they can perform routine
processing, perform varied system queries, set up benefits plans, set up and process CY16 Affordable
Care Act reporting, and begin a path of incremental improvements in the use of Lawson’s HCM

capabilities.
EXPECTED START DATE: June 6, 2016
HOURLY BILLING RATE: $142/hour plus expenses

FOR CLIENT: . FOR SURETY SYSTEMS, INC:

Name."

as

Matthew wright
Lif) Name:

. Partner
Title:

Signature: yy Signature: NMatteew Wriglet
Date: el2iiL2 pate. 0/21/2016

Htle: hase | fN

DocuSign Envelope 'D: 4£192A7E-8DB8-41CA-A168-0C3D22B8437A

ADDENDUM TCO STAFFING SERVICES AGREEMENT
For RK Payroll Solutions:

Name: Dave Haney
Vi President

Title: ice Presiden

Signature: Dawe Kanry
6/21/2016

Date:

ae ‘ THE CITY OF NASHUA "The Gate City"

Financial Services

Purchasing Department

September 1, 2016
Memo #17-041

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: CONTRACT AWARD FOR BURKE STREET — PROGRAMMING AND CONCEPTUAL
DESIGN (VALUE: $144,509)
DEPARTMENT: 129 BUILDINGS; FUND: CITY BUILDINGS EXPENDABLE TRUST

Please see the attached communication from Lisa Fauteux, Director of Division of Public Works dated
August 25, 2016 for the information related to this purchase.

Pursuant to NRO § 5-83 Professional Services (A) In the purchase of accounting, architectural, auditing,
engineering, legal, medical and ambulance services and purchases of independent professional
consultant services for personnel, data processing, actuarial, planning, management and other
comparable purchases competitive bidding shall not be required.

The Director of Division of Public Works, Board of Public Works (8/25/2016 meeting) and the Purchasing
Department recommend the award of this contract in an amount of $144,509 to HTK Architects, Inc. of
Somerville, MA.

Respectfull
: 1 Kile :

/Dan Kooken
Purchasing Manager

Ce: L Fauteux J Griffin

229 Main Street » Nashua, New Hampshire 03061 « Phone (603) 589-3330 « Fax (603) 589-3344

To:

From:

Re:

B. Motion:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: August 25, 2016

Lisa Fauteux, Director
Administration Department

Burke Street — Programming and Conceptual Design

To approve the contract with HKT Architects, Inc. of Somerville, MA in the amount
of $144,509.25 for the programming and conceptual design of the Burke Street
facility. Funding will be through Department: 129 Buildings; Fund: City Buildings
Expendable Trust.

In order to be able to estimate project costs with reasonable confidence, several
programming and investigation tasks must be performed by the architectural team.

Overall space use will be evaluated to prepare a conceptual floorplan to serve as a
basis for the programming estimate.

Existing structural components will be measured and analyzed to determine the extent
to which structural modifications may be needed to comply with current building code
requirements.

A conceptual site plan will be prepared to provide a basis for estimating site costs.
The architectural team’s cost estimator will prepare a conceptual cost estimate of the

entire program based on the programming, investigation, conceptual design and
analysis performed.

CONTRACT FOR PROFESSIONAL SERVICES

BURKE STREET — PROGRAMMING AND CONCEPTUAL DESIGN

A CONTRACT BETWEEN

THE CITY OF NASHUA, 229 MAIN STREET, NASHUA, NH 03061-2019
AND

HKT ARCHITECTS, INC.
and its successors, transferees and assignees (together “Professional Engineer”)
NAME AND TITLE OF PROFESSIONAL ENGINEER

35 MEDFORD STREET SOMERVILLE, MA 02143
ADDRESS OF PROFESSIONAL ENGINEER

WHEREAS, the City of Nashua, a political subdivision of the State of New Hampshire, from time
to time requires the services of a Professional Engineer ; and

WHEREAS, it is deemed that the services of a Professional Engineer herein specified are both
necessary and desirable and in the best interests of the City of Nashua; and

WHEREAS, Professional Engineer represents they are duly qualified, equipped, staffed, ready,
willing and able to perform and render the services hereinafter described;

Now, THEREFORE, in consideration of the agreements herein made, the parties mutually agree as
follows:

1. DOCUMENTS INCORPORATED. The following exhibits are by this reference incorporated herein and
are made part of this contract:

Exhibit A--General Conditions for Contracts
Exhibit B--Scope of Services, Contract Time, Fee Schedule

The Contract represents the entire and integrated agreement between the parties and supersedes prior
negotiations, proposals, representations or agreements, either written or oral. Any other documents which
are not listed in this Article are not part of the Contract.

In the event of a conflict between the terms of the Proposal and the terms of this Agreement, a written
change order and/or fully executed City of Nashua Purchase Order, the terms of this Agreement, the
written change order or the fully executed City of Nashua Purchase Order shall control over the terms of
the Proposal.

2. WORK TO BE PERFORMED Except as otherwise provided in this contract, Professional Engineer shall
furnish all services, equipment, and materials and shall perform all operations necessary and required to
carry out and perform in accordance with the terms and conditions of the contract the work described.

AG 1 of 3

3. PERIOD OF PERFORMANCE. Professional Engineer shall perform and complete all work within the
time periods set forth and may only be altered by the parties by a written agreement to extend the period
of performance or by termination in accordance with the terms of the contract. Professional Engineer shall
begin performance upon receipt of an Executed Contract and a valid Purchase Order issued from the City
of Nashua.

4, COMPENSATION. Professional Engineer agrees to perform the work for a total cost not to exceed
ONE HUNDRED FORTY-FOUR THOUSAND FIVE HUNDRED NINE and 25/100 Dollars ($ 144,509.25)

which, unless otherwise provided in this contract, shall be paid in accordance with the provisions of
Exhibit B or unless Professional Engineer has received a written exemption from the City of Nashua.
Professional Engineer shall submit monthly requests for payment for services performed under this
agreement directly to

City of Nashua

Attn: Accounts Payable

PO Box 2019

Nashua, NH 03061-2019

Atten: Lisa Fauteux, Director Div. of Public Works

To facilitate the proper and timely payment of applications, the City of Nashua requires that all
invoices contain a valid PURCHASE ORDER NUMBER.

Requests for payment shall be submitted no later than fifteen (15) days after the end of each month and
must include a detailed summary of the expenditures reported in a form that supports the approved
budget. Specifically, Professional Engineer agrees to provide the following with each request for
payment:

1. Appropriate invoice forms. The forms shall include the project purchase order number, a
listing of personnel hours and billing rates, and other expenditures for which payment is sought.

2. A progress report. The report shall include, for each monthly reporting period, a description
of the work accomplished, problems experienced, upcoming work, any extra work carried out,
and a schedule showing actual expenditures billed for the period, cumulative total expenditures
billed and paid to date under the contract, and a comparison of cumulative total expenditures
billed and paid to the approved budget.

The City of Nashua will pay for work satisfactorily completed by Professional Engineer. The City of
Nashua will pay Professional Engineer within 30 days of approval by the City of Nashua of the submitted
invoice forms and progress reports. The City of Nashua will make no payments until the invoice forms
and progress reports have been submitted and approved.

5. EFFECTIVE DATE OF CONTRACT. This contract shall not become effective until and unless approved
by the City of Nashua.

6. NOTICES. All notices, requests, or approvals required or permitted to be given under this contract

shall be in writing, shall be sent by hand delivery, overnight carrier, or by United States mail, postage
prepaid, and registered or certified, and shall be addressed to:

AG 2 of 3

CITY OF NASHUA REPRESENTATIVE:

Division of Public Works, Administration
Lisa Fauteux, Director

9 Riverside Street

Nashua, NH 03062

REPRESENTATIVE:

HKT Architects, Inc.

Janet Slemenda, AIA Principal
35 Medford Street

Somerville, MA 02143

Any notice required or permitted under this contract, if sent by United States mail, shall be deemed to be
given to and received by the addressee thereof on the third business day after being deposited in the mail.
The City of Nashua or Professional Engineer may change the address or representative by giving written

notice to the other party.

IN WITNESS WHEREOF, the parties hereto have caused this contract to be signed and intend to be legally

bound thereby.

City of Nashua, NH (signature)

James Donchess, Mayor
(Printed Name and Title)

Date

AKT Architects, Inc (signature)

(Printed Name and Title)

Date

AG 3 of 3

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EXHIBIT A
TABLE OF CONTENTS
GENERAL CONDITIONS

DEFINITIONS

PROFESSIONAL ENGINEER STATUS
STANDARD OF CARE

CITY OF NASHUA REPRESENTATIVE
CHANGES TO SCOPE OF WORK
CITY OF NASHUA COOPERATION

DISCOVERY OF CONFLICTS, ERRORS, OMISSIONS, AMBIGUITIES, OR
DISCREPANCIES

TERMINATION OF CONTRACT

DISPUTE RESOLUTION

NO DAMAGES FOR DELAY

INSURANCE

INDEMNIFICATION

FISCAL CONTINGENCY

COMPENSATION

COMPLIANCE WITH APPLICABLE LAWS
NONDISCRIMINATION

ENDORSEMENT

ASSIGNMENTS, TRANSFER, DELEGATION, OR SUBCONTRACTING
CiTy INSPECTION OF CONTRACT MATERIALS
DISPOSITION OF CONTRACT MATERIALS

PUBLIC RECORDS LAW, COPYRIGHTS, AND PATENTS
FINAL ACCEPTANCE

TAXES

NON- WAIVER OF TERMS AND CONDITIONS

RIGHTS AND REMEDIES

PROHIBITED INTERESTS

THIRD PARTY INTERESTS AND LIABILITIES
SURVIVAL OF RIGHTS AND OBLIGATIONS
SEVERABILITY

MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT

CHOICE OF LAW AND VENUE

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General Terms and Conditions

DEFINITIONS Unless otherwise required by the context, "Professional Engineer”, and its
successors, transferees and assignees (together “Professional Engineer”) includes any of the
Professional Engineer's consultants, sub consultants, contractors, and subcontractors

PROFESSIONAL ENGINEER STATUS The parties agree that Professional Engineer shall have the
status of and shall perform all work under this contract as a Professional Engineer, maintaining
control over all its consultants, sub consultants, contractors, or subcontractors. The only
contractual relationship created by this contract is between the City of Nashua and Professional
Engineer, and nothing in this contract shall create any contractual relationship between the City
of Nashua and Professional Engineer's consultants, sub consultants, contractors, or
subcontractors. The parties also agree that Professional Engineer is not a City of Nashua
employee and that there shall be no:

(1) Withholding of income taxes by the City of Nashua:

(2) Industrial insurance coverage provided by the City of Nashua;

(3) Participation in group insurance plans which may be available to employees of
the City of Nashua;

(4) Participation or contributions by either the Professional Engineer or the City of
Nashua to the public employee’s retirement system;

(5) Accumulation of vacation leave or sick leave provided by the City of Nashua;

(6) Unemployment compensation coverage provided by the City of Nashua.

STANDARD OF CARE Professional Engineer shall be responsible for the professional quality,
technical accuracy, timely completion, and coordination of all work performed under this
contract. Professional Engineer warrants that all work shall be performed with the degree of
professional skill, care, diligence, and sound practices and judgment that are normally exercised
by recognized professional firms with respect to services of a similar nature. It shall be the duty
of Professional Engineer to assure at its own expense that all work is technically sound and in
conformance with all applicable federal, state, and local laws, statutes, regulations, ordinances,
orders, or other requirements. In addition to all other rights which the City of Nashua may have,
Professional Engineer shall, at its own expense and without additional compensation, re-perform
work to correct or revise any deficiencies, omissions, or errors in the work or the product of the
work or which result from Professional Engineer's failure to perform in accordance with this
standard of care. Any approval by the City of Nashua of any products or services furnished or
used by Professional Engineer shall not in any way relieve Professional Engineer of the
responsibility for professional and technical accuracy and adequacy of its work. City of Nashua
review, approval, or acceptance of, or payment for any of Professional Engineer's work under this
contract shall not operate as a waiver of any of the City of Nashua's rights or causes of action
under this contract, and Professional Engineer shall be and remain liable in accordance with the
terms of the contract and applicable law.

Professional Engineer shall furnish competent and skilled personnel to perform the work under
this contract. The City of Nashua reserves the right to approve key personnel assigned by
Professional Engineer to perform work under this contract. Approved key personnel shall not be
taken off of the project by Professional Engineer without the prior written approval of the City of
Nashua, except in the event of termination of employment. Professional Engineer shall, if
requested to do so by the City of Nashua, remove from the job any personnel whom the City of
Nashua determines to be incompetent, dishonest, or uncooperative.

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